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Mortimer Clarke Solicitors/Cabot financial Please Help

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  • Mortimer Clarke Solicitors/Cabot financial Please Help

    Hello... I hope some one here will be able to help me regarding the following matter. I have read through similar issues on this site. This is regarding a letter I received from Mortimer Clarke instructed by Cabot Financial. Please see attached letter ( I have blocked out references and the name). I am not sure what I should do next. Here's the background: The last time I made a regular payment on this credit card was some time in 2008 and after financial difficulties I was advised by CCCS in 2008 to pay £1.00 per month. Looking at my paperwork I found my last £1.00 payment to credit card was on April 2011. I thought all this time that 6 year had passed without any payment, perhaps not. I have also checked Noddle and found out there is no trace of that credit card or mention in the financial report. I also had no contact what so ever with Cabot. Now, should I respond to this letter? Mortimer Clarke has given me two weeks to respond or they will start Court proceedings. If I need to reply, who to send and what type of letter to send. Please advice. Your help would be very much appreciated.

    Many thanks.

    Kind regards
    Bob13
    Attached Files
    Tags: None

  • #2
    Re: Mortimer Clarke Solicitors/Cabot financial Please Help

    Originally posted by Bob13 View Post
    Hello... I hope some one here will be able to help me regarding the following matter. I have read through similar issues on this site. This is regarding a letter I received from Mortimer Clarke instructed by Cabot Financial. Please see attached letter ( I have blocked out references and the name). I am not sure what I should do next. Here's the background: The last time I made a regular payment on this credit card was some time in 2008 and after financial difficulties I was advised by CCCS in 2008 to pay £1.00 per month. Looking at my paperwork I found my last £1.00 payment to credit card was on April 2011. I thought all this time that 6 year had passed without any payment, perhaps not. I have also checked Noddle and found out there is no trace of that credit card or mention in the financial report. I also had no contact what so ever with Cabot. Now, should I respond to this letter? Mortimer Clarke has given me two weeks to respond or they will start Court proceedings. If I need to reply, who to send and what type of letter to send. Please advice. Your help would be very much appreciated.

    Many thanks.

    Kind regards
    Bob13
    Good morning Bob, welcome to LB.

    All defaulted accounts are removed from credit files on the 6th anniversary of the default date
    paid or not and cannot be put back.

    Unfortunately that 2011 payment reset the " six year clock" in regard to Limitations, the debt is not statute barred.

    Which card provider is this please? Capital One by any chance?

    The immediate action should be a " Prove It " letter to MC., requiring them to prove that their client
    has the right to claim payment of the alleged debt.

    e.g. Dear Mortimer Clarke.
    I have received your letter dated......................... in which it is alleged that am indebted to your " client"
    in the sum of £.......: arising from an account with xxxxxxxxxxxxxxxxxx: .

    Please note I do not acknowledge any debt to your " client " or any other company you may claim represent.

    Please forward and documents you may hold ans intend to use in relation to a county court claim.

    I have attached herewith a Formal Request made under the provisions of sections 77/78 of CCA 1974 ( as amended) together with
    the statutory fee of £1.00. please complete the payee section as appropriate.
    I can see no reason for Mortimer Clarke to decline compliance with this request as it is merely another company within the Cabot Group.

    yours etc.

    I would as MC now admits on it's letter that it is just a part of the Cabot group send them a CCA Request
    for a copy of the agreement relative to the alleged debt, there is a £1.00 statutory fee for this use a postal
    order endorsed " For Statutory Fee Only ( in this case leave Payee Blank). The time scale for compliance
    is 12 + 2 Working days.

    There's a template in the forum library.
    Use signed for post.

    Comment


    • #3
      Re: Mortimer Clarke Solicitors/Cabot financial Please Help

      Originally posted by nemesis45 View Post
      Good morning Bob, welcome to LB.

      All defaulted accounts are removed from credit files on the 6th anniversary of the default date
      paid or not and cannot be put back.

      Unfortunately that 2011 payment reset the " six year clock" in regard to Limitations, the debt is not statute barred.

      Which card provider is this please? Capital One by any chance?

      The immediate action should be a " Prove It " letter to MC., requiring them to prove that their client
      has the right to claim payment of the alleged debt.

      e.g. Dear Mortimer Clarke.
      I have received your letter dated......................... in which it is alleged that am indebted to your " client"
      in the sum of £.......: arising from an account with xxxxxxxxxxxxxxxxxx: .

      Please note I do not acknowledge any debt to your " client " or any other company you may claim represent.

      Please forward and documents you may hold ans intend to use in relation to a county court claim.

      I have attached herewith a Formal Request made under the provisions of sections 77/78 of CCA 1974 ( as amended) together with
      the statutory fee of £1.00. please complete the payee section as appropriate.
      I can see no reason for Mortimer Clarke to decline compliance with this request as it is merely another company within the Cabot Group.

      yours etc.

      I would as MC now admits on it's letter that it is just a part of the Cabot group send them a CCA Request
      for a copy of the agreement relative to the alleged debt, there is a £1.00 statutory fee for this use a postal
      order endorsed " For Statutory Fee Only ( in this case leave Payee Blank). The time scale for compliance
      is 12 + 2 Working days.

      There's a template in the forum library.
      Use signed for post.

      Hello Nemesis,

      Thank you very much for your fast reply and taking me on board. The card provider is Citifinancial. I think initially called Citi.
      I will send the "Prove it" letter to MC. Do i need to sign this letter or can I just type my name at the end? And on this letter I put MC as payee on the postal order?

      In regards to CCA letter do I address Cabot (probably the same address) or address to MC, so two separate envelopes, am I correct? And type my name at the end. Both the letter needs to be recorded I guess.

      Kind regards

      Bob13

      Comment


      • #4
        Re: Mortimer Clarke Solicitors/Cabot financial Please Help

        Originally posted by Bob13 View Post
        Hello Nemesis,

        Thank you very much for your fast reply and taking me on board. The card provider is Citifinancial. I think initially called Citi.
        I will send the "Prove it" letter to MC. Do i need to sign this letter or can I just type my name at the end? And on this letter I put MC as payee on the postal order?

        In regards to CCA letter do I address Cabot (probably the same address) or address to MC, so two separate envelopes, am I correct? And type my name at the end. Both the letter needs to be recorded I guess.

        Kind regards

        Bob13
        Hi Bob sorry for the late reply I was called away.

        The CCA goes to the claimant at their address as on the N1 claim form.

        Old Citi cards are often affected by " paperwork " problems so let's
        see what comes back!

        If you need me tag [MENTION=55034]nemesis45[/MENTION] and I'll pick up the thread asap, a lot going on!

        nem

        Comment


        • #5
          Re: Mortimer Clarke Solicitors/Cabot financial Please Help

          nemesis45
          Hi Nem.... I have received a reply from Mortimer Clarke regarding the "Prove It" letter. I am attaching their response. They are saying the matter has been placed on hold and no further action will be taken. No reply from Cabot regarding CCA yet. I guess I will wait until i hear from Cabot or Mortimer. Thanks for your help.
          Best regards
          Bob13
          Attached Files

          Comment

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